Thursday, April 21, 2011

Garnishment

Garnishment is a warning of notice given to a person furnish the court with information to a case before it; or to inter plead with the plaintiff. But the term is now generally used in connection with the attachment of  debts in the hands of a third party.

Garnishment is a peculiar mode of redress, power being thereby given to a judgement creditor to attach debts due from any third person, called the garnishee, to the judgement creditor, such third party has full opportunity allowed him for showing cause against an order on him by a judge to pay such debt to the judgement -creditor.  and his liability if disputed may be tried in suit by the judgement-creditor against the garnishee.  Should a lien be suggested by the garnishee on the debt sought to be attached, the party claiming such lien may be ordered to appear before the judge and state the nature and particulars of his claim upon the debt.  After due investigation of the matter the judge may order execution to levy the amount due from the garnishee to other order as he shall think fit.  Broom's Commercial Law.

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